Jones v. State
Supreme Court of Alabama
Appeal from Shelby County Court. Heard before Hon. Edward S. Lyman. J. W. Jones was convicted of assault and battery in the county court to which he had been bound over by a justice of the peace before whom the affidavit was issued and to whom the wárrant was made returnable, and he appeals. Counsel discuss a good many matters not mentioned in the opinion and cite authorities in support thereof, but they do not discuss the matters decided.
1Opinion of the CourtSimpson, J.
The appellant was arrested on a warrant from a justice of the peace, based on an affidavit charging assault and battery. The justice of the peace, in place of trying the case as he should, hound the defendant over to the county court of Shelby county.
The defendant made a motion in the county court to ‘dismiss the prosecution, because the justice had final jurisdiction to try the case, and wa-s without authority to bind the defendant over to- said county court. It has been distinctly held by this court that when a person is brought before a justice of the peace, charged with the commission of…
2Cases cited3 opinions
- Wiley v. StateSupreme Court of Alabama · 1897
- Brown v. StateSupreme Court of Alabama · 1894
- Ex parte Pruitt & HarperSupreme Court of Alabama · 1892
3Cited by2 opinions
- State v. BushAlabama Court of Appeals · 1915
- Hazelton v. StateAlabama Court of Appeals · 1915